I was issued a show cause notice from HR. The charges framed were based on my supervisor's complaint and on the basis of a preliminary committee report. I was not aware that there was any preliminary committee or that an investigation was ongoing against me until I received the show cause notice from HR. Upon reviewing the committee report, I discovered that it was intentionally biased and one-sided, favoring the complainant. I have evidence to support that the committee did not present facts but rather wrote what they believed would justify penalizing me without any evidence.
Although I have responded to the show cause notice, it has been almost a month, and the management has not provided any feedback. I am experiencing mental harassment. If I decide to file a case against the organization for defaming my image and causing mental harassment, do they have the right to suspend or terminate me for taking legal action against them? Please advise.
From India, Samastipur
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Although I have responded to the show cause notice, it has been almost a month, and the management has not provided any feedback. I am experiencing mental harassment. If I decide to file a case against the organization for defaming my image and causing mental harassment, do they have the right to suspend or terminate me for taking legal action against them? Please advise.
From India, Samastipur
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Dear member,
You were given a show-cause notice, for which you have provided a reply. In light of this situation, it is advisable to wait and observe the decision of the top management. Who knows, it may also work out in your favor! Yes, these are challenging times for you, and waiting for the verdict can be painful, but I recommend that you exercise patience.
You mentioned that upon receiving a complaint from your superior, a "Preliminary Committee" investigated the matter. However, you were not called to testify before the committee. In that scenario, the committee's report is invalidated.
Despite the malfunctioning of the preliminary committee, I advise against filing a lawsuit against your PSU. From a long-term career perspective, it is better to reconcile and move forward. However, if the top management imposes a penalty on you, then you can contest the punishment in the court that handles cases of PSU employees.
Thanks,
Dinesh Divekar
From India, Bangalore
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8219You were given a show-cause notice, for which you have provided a reply. In light of this situation, it is advisable to wait and observe the decision of the top management. Who knows, it may also work out in your favor! Yes, these are challenging times for you, and waiting for the verdict can be painful, but I recommend that you exercise patience.
You mentioned that upon receiving a complaint from your superior, a "Preliminary Committee" investigated the matter. However, you were not called to testify before the committee. In that scenario, the committee's report is invalidated.
Despite the malfunctioning of the preliminary committee, I advise against filing a lawsuit against your PSU. From a long-term career perspective, it is better to reconcile and move forward. However, if the top management imposes a penalty on you, then you can contest the punishment in the court that handles cases of PSU employees.
Thanks,
Dinesh Divekar
From India, Bangalore
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Thank you, sir, for your suggestion. I have received information from my friends that the management is considering suspending me, claiming that my response is unacceptable, and conducting a disciplinary inquiry. I am concerned that if I am suspended, I will not receive any pay as per the employee manual, leading to significant financial difficulties. I have personal loans, a housing loan, rent, school fees for my children, medical expenses for my elderly parents, and other household costs to manage. This situation would put me in deep trouble.
Some of my friends have advised me to lodge a complaint in court seeking justice. They believe that the court may stay the suspension orders until a proper inquiry is conducted. Sir, what do you recommend in this case? What steps should I take?
From India, Samastipur
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Some of my friends have advised me to lodge a complaint in court seeking justice. They believe that the court may stay the suspension orders until a proper inquiry is conducted. Sir, what do you recommend in this case? What steps should I take?
From India, Samastipur
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How reliable is this grapevine news? You have many commitments and cannot afford to make hasty decisions. If, as you say, you are not guilty, then stop worrying. You cannot be punished unless the PSU gives you a chance to place your statement and documents on record. A court case at this stage is hasty, and the courts may not provide you with relief by quashing proceedings, etc. Please think over this calmly and consult a lawyer for practical and detailed advice. What were the specific points of the Supreme Court notice, and what was your reply?
From India, Pune
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From India, Pune
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The poster should understand first that preliminary inquiry or discreet inquiry is the investigation conducted behind the back of an employee when some complaint is received against him to ascertain the prima facie of the complaint. Therefore, there is no necessity of involving the employee or informing him in this regard while such discreet inquiry is conducted.
If the discreet inquiry indicates the prima facie of the complaint, then a show-cause notice is issued by the Disciplinary Authority framing the charges of misconduct under the Standing Orders or Service Regulations applicable. If the reply submitted by the delinquent is not acceptable, then a domestic/departmental inquiry is ordered and conducted into the charges leveled affording all the opportunities to the delinquent to defend himself.
Just because there is no response from the management even after one month, the employee cannot cast any aspersions as described in his original post. When he is not placed under suspension pending inquiry, he cannot complain against the delay. Even if you are suspended, the Management has to pay subsistence allowance as per rules until the suspension is revoked; they cannot keep you under suspension indefinitely. Also, it is not necessary that every charge-sheeted employee facing domestic inquiry should be placed under suspension either. Therefore, no qualms or unnecessary worries about it. Your mental agony due to your imagination cannot be a valid reason to sue the management when they initiate disciplinary action against you under the contract of employment. So, it is the duty of the poster to participate in the inquiry and prove his innocence when it is conducted.
From India, Salem
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If the discreet inquiry indicates the prima facie of the complaint, then a show-cause notice is issued by the Disciplinary Authority framing the charges of misconduct under the Standing Orders or Service Regulations applicable. If the reply submitted by the delinquent is not acceptable, then a domestic/departmental inquiry is ordered and conducted into the charges leveled affording all the opportunities to the delinquent to defend himself.
Just because there is no response from the management even after one month, the employee cannot cast any aspersions as described in his original post. When he is not placed under suspension pending inquiry, he cannot complain against the delay. Even if you are suspended, the Management has to pay subsistence allowance as per rules until the suspension is revoked; they cannot keep you under suspension indefinitely. Also, it is not necessary that every charge-sheeted employee facing domestic inquiry should be placed under suspension either. Therefore, no qualms or unnecessary worries about it. Your mental agony due to your imagination cannot be a valid reason to sue the management when they initiate disciplinary action against you under the contract of employment. So, it is the duty of the poster to participate in the inquiry and prove his innocence when it is conducted.
From India, Salem
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Dear Mr. Umakanthan M,
Thank you for elucidating the difference between "discreet enquiry" and "domestic enquiry". I was under the impression that for each enquiry, the Enquiry Officer must call the accused.
Regards,
Dinesh Divekar
From India, Bangalore
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Thank you for elucidating the difference between "discreet enquiry" and "domestic enquiry". I was under the impression that for each enquiry, the Enquiry Officer must call the accused.
Regards,
Dinesh Divekar
From India, Bangalore
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Dear colleague,
You are at a stage where there is no cause for any action against the company yet. You have replied to the SC, and one month has passed with no action taken by the company. Your grapevine tells you that you might be suspended. Remember, to suspend any employee pending domestic enquiry for 'serious' charges is a right of the employer under Standing Orders/Service rules. At the same time, the employer is under an obligation to pay subsistence allowance during such suspension, as rightly pointed out. Show patience and wait for management's action.
You are required to be served with the charge sheet following an order of suspension pending the inquiry. If the charges contained are not grave and serious, and yet you are suspended pending inquiry, you can challenge the suspension as unjustified and illegal and demand the same to be revoked. Generally, suspension is imposed when there is a fear that the chargesheeted employee may tamper with management's evidence or threaten/influence management's witnesses. However, you have stated that you are being framed under fabricated charges and have strong evidence to prove it. In that case, why should you fear the domestic inquiry? Though uncomfortable, go through it and prove your innocence. All of the above is to be considered as a consequence of management's further action; for now, no action except to wait and watch is called for.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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You are at a stage where there is no cause for any action against the company yet. You have replied to the SC, and one month has passed with no action taken by the company. Your grapevine tells you that you might be suspended. Remember, to suspend any employee pending domestic enquiry for 'serious' charges is a right of the employer under Standing Orders/Service rules. At the same time, the employer is under an obligation to pay subsistence allowance during such suspension, as rightly pointed out. Show patience and wait for management's action.
You are required to be served with the charge sheet following an order of suspension pending the inquiry. If the charges contained are not grave and serious, and yet you are suspended pending inquiry, you can challenge the suspension as unjustified and illegal and demand the same to be revoked. Generally, suspension is imposed when there is a fear that the chargesheeted employee may tamper with management's evidence or threaten/influence management's witnesses. However, you have stated that you are being framed under fabricated charges and have strong evidence to prove it. In that case, why should you fear the domestic inquiry? Though uncomfortable, go through it and prove your innocence. All of the above is to be considered as a consequence of management's further action; for now, no action except to wait and watch is called for.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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Dear All,
Thank you so much for your advice and detailed information. I know that I have not done anything wrong, so I will wait for the management to respond. However, since my supervisor and the country director are from senior management and are good friends, they are acting very smartly. They are asking people for resignations who are my prime witnesses and could speak the truth if I ask them to do so. Now, the fear that is coming to my mind is that since those people are leaving or have already left the organization, how will they help me in front of management? The management might not call them or hear their voice on my matter.
Although I am coming to the office regularly, I am not doing any work. My tasks have been allocated to other persons in my department and other departments by my supervisor. The management/HR has not given me any notice or email about reallocating my work to others until the matter is resolved. All of this is happening in front of me, and no one from my department or other staff in the office is talking to me or discussing anything. Only a few individuals who really know me talk, but in a limited way. Staff are afraid that they might lose their jobs if they are seen talking or discussing with me.
Sir, I am looking for some guidance in this regard. What should be my steps or precautions that will help me further?
From India, Samastipur
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Thank you so much for your advice and detailed information. I know that I have not done anything wrong, so I will wait for the management to respond. However, since my supervisor and the country director are from senior management and are good friends, they are acting very smartly. They are asking people for resignations who are my prime witnesses and could speak the truth if I ask them to do so. Now, the fear that is coming to my mind is that since those people are leaving or have already left the organization, how will they help me in front of management? The management might not call them or hear their voice on my matter.
Although I am coming to the office regularly, I am not doing any work. My tasks have been allocated to other persons in my department and other departments by my supervisor. The management/HR has not given me any notice or email about reallocating my work to others until the matter is resolved. All of this is happening in front of me, and no one from my department or other staff in the office is talking to me or discussing anything. Only a few individuals who really know me talk, but in a limited way. Staff are afraid that they might lose their jobs if they are seen talking or discussing with me.
Sir, I am looking for some guidance in this regard. What should be my steps or precautions that will help me further?
From India, Samastipur
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As it has been advised by Mr. Divekar, show patience. Discreet inquiry has no legal standing. Yes, the management can issue a show cause notice even without an inquiry as this does not amount to any punishment. Even suspension, if it comes to that, is not a punishment. Though the suspended employee does undergo mental harassment as well as financial hardship. Wait for the response to your reply. Hope you took assistance from someone in framing the reply. All the best.
Col. Suresh Rathi
From India, Delhi
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Col. Suresh Rathi
From India, Delhi
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Dear Member,
Mr. Umakantham M has given you the most relevant and accurate advice in the matter. Establishment of the Prima Facie is the independent prerogative of the organization, whether by a committee coined for the purpose or by a higher functionary in your chain of reporting.
After this stage is the issuance of the SC wherein the gist of accusations against you will, in times to come, form the charges in the formal charge sheet, as well as these will be the terms of reference for the Oral/Domestic/Departmental inquiry. (All different names of the same thing)
Please remember the power to put an employee on suspension is vested with the management and cannot be challenged through any court, etc. Your best bet here is through a union or works committee member if someone is close to you and is influential with the management as well. The organization (PSU) is only obliged to leave subsistence allowance for you and curtail your balance of the emoluments; they are immune and indifferent to your personal financial obligations.
Also, remember that the convening of an Oral inquiry is a must in case the disciplinary authority is of the view (based on the strength of prima facie) that the Oral inquiry will provide enough basis for charges resulting in the award of major penalties. However, in case of the award of minor penalties, many times an oral inquiry is done away with.
Your last post enumerating your social isolation, allotment of your work role to someone else is indicative of the firm resolve of the management to proceed against you with an intent to administer an appropriate disciplinary action in an apt manner against you.
Insofar as the evidence in your favor is concerned, the attendance of personnel (I assume they have moved to some other Govt organization only) can be sought by you during the oral inquiry and has to be arranged for you. Your best shot here is to gather documentary evidence of that period which can prove your point and will thus become an irrefutable defense.
Till then, all the best.
From India, Delhi
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Mr. Umakantham M has given you the most relevant and accurate advice in the matter. Establishment of the Prima Facie is the independent prerogative of the organization, whether by a committee coined for the purpose or by a higher functionary in your chain of reporting.
After this stage is the issuance of the SC wherein the gist of accusations against you will, in times to come, form the charges in the formal charge sheet, as well as these will be the terms of reference for the Oral/Domestic/Departmental inquiry. (All different names of the same thing)
Please remember the power to put an employee on suspension is vested with the management and cannot be challenged through any court, etc. Your best bet here is through a union or works committee member if someone is close to you and is influential with the management as well. The organization (PSU) is only obliged to leave subsistence allowance for you and curtail your balance of the emoluments; they are immune and indifferent to your personal financial obligations.
Also, remember that the convening of an Oral inquiry is a must in case the disciplinary authority is of the view (based on the strength of prima facie) that the Oral inquiry will provide enough basis for charges resulting in the award of major penalties. However, in case of the award of minor penalties, many times an oral inquiry is done away with.
Your last post enumerating your social isolation, allotment of your work role to someone else is indicative of the firm resolve of the management to proceed against you with an intent to administer an appropriate disciplinary action in an apt manner against you.
Insofar as the evidence in your favor is concerned, the attendance of personnel (I assume they have moved to some other Govt organization only) can be sought by you during the oral inquiry and has to be arranged for you. Your best shot here is to gather documentary evidence of that period which can prove your point and will thus become an irrefutable defense.
Till then, all the best.
From India, Delhi
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